S.B. Sinha,.J - (1.) .- This Public Interest Litigation has been filed by the petitioner who is an advocate of this Court as well as a Professor of Law, inter alia, questioning the legality and/or validity of appointment of the Care-taker Government at the Centre.
(2.) Mr. Hazra, the petitioner, appearing-in-person has very strenuously argued that a Government which has lost the confidence of the people cannot be permitted to continue as a Care-taker Government. Rely in on or on the basis of a decision of the Apex Court in U.N.R. Rao v. Smt. Indira Gandhi reported in AIR 1971 Supreme Court 1002 the petitioner submits that the concept of a care-taker Government was beyond the contemplation of the makers of the Constitution and, in any event a care-taker Government cannot be said to be a responsible Government. Care-taker Government, contends Mr. Hazra, has no constitutional recognition and the oath of office taken by such members of the Government perishes along with the resignation of the Prime Minister.
(3.) Reliance has also been placed on K.M. Sharma v. Shri Devi Lal reported in AIR 1990 Supreme Court 528.;